Federal and State Law Regarding Product Approval

DrJ Engineering (DrJ) is fully compliant with all professional engineering and code compliance laws. The DrJ Technical Evaluation Report (TER) process has been prepared in good faith with the expectation of everyone being treated fairly and transparently under the administrative, code compliance, and professional engineering laws of each state.

Technical Evaluation Reports (TERs) are a code-defined “research report” that provide supporting data to assist in the approval of materials, designs, or assemblies not specifically provided for in the code.

1703.4.2 Research reports.
Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources.

104.11.1 Research reports.
Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources.

104.11.2 Tests.
Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records.

DrJ TERs are prepared by a professional engineering company that complies with the code definition of “approved source” and all related professional engineering roles and responsibilities.

APPROVED SOURCE. An independent person, firm or corporation, approved by the building official, who is competent and experienced in the application of engineering principles to materials, methods or systems analyses.

In general, the model and local codes (e.g., IBC, IRC and IFC Section 104.11) provide for the use of alternative materials, designs, and methods of construction by having a legal provision that states something similar to:

104.11 Alternative materials, design and methods of construction and equipment.
The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approved.

Federal Law

DrJ’s goal is to help all companies and all products fully embrace the uniquely American concept of preserving “free and unfettered competition as the rule of trade,” which is also U.S. law:

Congress passed the first antitrust law, the Sherman Act, in 1890 as a "comprehensive charter of economic liberty aimed at preserving free and unfettered competition as the rule of trade." In 1914, Congress passed two additional antitrust laws: the Federal Trade Commission Act, which created the FTC, and the Clayton Act. With some revisions, these are the three core federal antitrust laws still in effect today.

… Yet for over 100 years, the antitrust laws have had the same basic objective: to protect the process of competition for the benefit of consumers, making sure there are strong incentives for businesses to operate efficiently, keep prices down, and keep quality up. …

The penalties for violating the Sherman Act can be severe. Although most enforcement actions are civil, the Sherman Act is also a criminal law, and individuals and businesses that violate it may be prosecuted by the Department of Justice.
https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/antitrust-laws

State Law

Select a state below for detailed information on that state's professional engineering, code compliance, and legal requirements and references. 

California

Ohio

Texas